Rajasthan High Court - Jodhpur
Kamal Kumar Alias Sonu vs State Of Raj (2025:Rj-Jd:24997-Db) on 22 May, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:24997-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 933/2025
Kamal Kumar Alias Sonu S/o Sitaram, Aged About 20 Years,
Resident Of Jhansal, Police Station Birani, Tehsil Bhadra, District
Hanumangarh
----Appellant
Versus
State Of Raj, Through Pp
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 934/2025
1. Sitaram S/o Ramprasad, Aged About 44 Years, Resident Of
Jhansal, Police Station Birani, Tehsil Bhadra, District
Hanumangarh
2. Rajkumar S/o Mohan Lal, Aged About 26 Years, Resident Of
Jhansal, Police Station Birani, Tehsil Bhadra, District
Hanumangarh
----Appellants
Versus
State Of Raj, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajiv Bishnoi with
Mr. Pravin Vyas & Mr. Harshvardhan
Singh.
For Respondent(s) : Mr. C.S. Ojha, PP.
Mr. Siddharth Karwasara.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
22/05/2025
1. These instant applications under Section 430 B.N.S.S., 2023
have been preferred on behalf of the applicants-appellants seeking
[2025:RJ-JD:24997-DB] (2 of 4) [SOSA-933/2025]
temporary suspension of sentence, who are currently incarcerated
in Sub Jail, Bhadra, having been convicted and sentenced for the
offences punishable under Sections 302/149, 120-B, 201, 341,
342, 364, 396 & 147 of IPC.
2. Mr. Rajiv Bishnoi with Mr. Pravin Vyas & Mr. Harshvardhan
Singh, learned counsel appearing on behalf of applicants-
appellants, submit that the applicant-appellant Sita Ram's father,
namely Ramprasad is afflicted with Cancer and is in the terminal
stage. The other two younger members of the family are
applicants-appellants Kamal Kumar @ Sonu and Rajkumar @ Raju,
who are the grand-sons of ailing Ramprasad. They further submit
that the sentence of applicants-appellants may be temporarily
suspended to enable them to take care of Ramprasad during his
terminal illness.
3. Learned Public Prosecutor as well as learned counsel for the
complainant, while confirming that the applicants-appellants'
father/grand-father namely Ramprasad is indeed suffering from
terminal stage cancer, do not refute the aforesaid factual matrix.
The reports submitted by learned Public Prosecutor are hereby
taken on record.
4. Heard learned counsel for the parties on the applications for
temporary suspension of sentence and perused the material
available on record.
5. In the interest of justice and looking into the peculiar
humanitarian circumstances of the case, this Court deems it
appropriate to partly allow D.B. Criminal Misc. Temporary
[2025:RJ-JD:24997-DB] (3 of 4) [SOSA-933/2025]
Suspension of Sentence Application No.934/2025 qua applicant-
appellant Sita Ram only, who is the son of ailing father Ramprasad
and his sentence be temporarily suspended for a period of 30
days.
6. However, this Court is not satisfied regarding the necessity of
release of applicants-appellants Kamal Kumar @ Sonu and
Rajkumar @ Raju (grand-sons of ailing grand-father Ramprasad),
as the presence of applicant-appellant Sita Ram would be
sufficient to provide necessary care. Accordingly, D.B. Criminal
Misc. Temporary Suspension of Sentence Application
Nos.933/2025 & 934/2025, qua applicants-appellants Kamal
Kumar @ Sonu and Rajkumar @ Raju, respectively, stand
dismissed.
7. Accordingly, D.B. Criminal Misc. Temporary Suspension
of Sentence Application No.933/2025 of applicant-
appellant Kamal Kumar @ Sonu, is dismissed. Likewise, D.B.
Criminal Misc. Temporary Suspension of Sentence
Application No.934/2025 qua applicant-appellant Rajkumar
@ Raju is also dismissed. However, the said Application
No.934/2025, qua applicant-appellant Sita Ram S/o
Ramprasad is allowed and it is ordered that the sentence
passed by learned Additional Sessions Judge, Bhadra vide
judgment dated 18.12.2023 in Sessions Case No.15/2019 against
the applicant-appellant Sita Ram S/o Ramprasad, shall remain
temporarily suspended and he shall be released on temporary bail
for a period of 30 days from the date of his actual release,
[2025:RJ-JD:24997-DB] (4 of 4) [SOSA-933/2025]
provided he executes a personal bond in the sum of Rs.1,00,000/-
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge. The applicant-appellant Sita Ram shall
surrender before the concerned authority of the Sub Jail, Bhadra
in the morning of the next day of completion of the period of
temporary suspension of sentence.
8. A compliance report shall be required to be filed by learned
Public Prosecutor, which shall be placed on record in the main
suspension of sentence application.
(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J
36-37 Zeeshan
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